Robbery

Question 1

Robbery - section and ingredients

Answer 1

Section 234(1) of crimes act 1961 - 10 years

1. theft
2. accompanied by violence or threats of violence
3. to any person or property
4. used to extort the property stolen OR prevent or overcome resistance to it being stolen

Question 2

what is theft

Answer 2

• dishonestly
• without claim of right
• taking any property with intent to deprive any owner permanently of that property
• or of any interest in that property

section 219(1) of the crimes act

Question 3

R v Skivington on theft

Answer 3

“Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence
is not made out.”

Question 4

R v Lapier

Answer 4

Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily

Question 5

what is actual possession

Answer 5

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Question 6

what is ideal possession (actual)

Answer 6

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

• Complete physical control over it
• Knowledge of its existence, its situation and its qualities

Warner v Metropolitan Police Commissioner

Question 7

what is constructive possession

Answer 7

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 8

In relation to the violence accompanying the theft, what must the prosecution prove

Answer 8

The prosecution must prove:
• a connection between the violence or threats of violence and the stealing of the property.
• the defendant had an intent to steal at the time the violence or threats were used
• the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen

Question 9

R v Maihi on “accompany”

Answer 9

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the
threat of violence be contemporaneous …”

Question 10

what is violence

Answer 10

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Question 11

Peneha v Police on violence

Answer 11

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or
discomfort.”

Question 12

what is a threat of violence

Answer 12

A “threat” is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands.

Threats may also be conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.

Question 13

R v Broughton on threat of violence

Answer 13

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of
both.”